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PD135R-CS 950408DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE WOODLANDS OF COPPELL City of Coppell Dallas County, Texas TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE WOODLANDS OF COPPELL ARTICLE I - DEFINITIONS 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1.8 1.9 1.10 1.11 1.12 Association Areas of Common Responsibility Declarant City Home or Residence Lienholder or Mortgagee Lot Member Owner Property, Premises or Development Subdivision Plat Board of Directors ARTICLE II - THE WOODLANDS OF COPPEL HOMEOWNERS ASSOCIATION, INC. 2.1 Establishment of the Association 2.2 Adoption of By-Laws ARTICLE III - MEMBERSHIP ANDVOTING RIGHT'S 3.1 Membership 3.2 Voting Rights 3.3 No Cumulative Voting ARTICLE IV - COVENANT FOR ASSESSMENTS 4.1 Creation of The Lien And Personal Obligation of Assessments 4.9 4.10 4.11 4.12 4.2 Purpose of Assessments 4.3 Basis And Maximum of Annual Assessments 4.4 Special Assessments 4.5 Notice and QuorumForAny Action Authorized Under Sections 4.3And 4.4 4.6 Uniform Rate of Assessment 4.7 Date of Commencement of Annual Assessments: Due Dates. 4.8 Effect of Non-Payment of Assessments: Remedies of The Association. Exempt Property Subordination of The Lien To First Mortgages Management Agreements Insurance Requirements PAGE 1 1 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 5 5 7 7 7 7 ARTICLE V - PROPERTY RIGHTS Areas of Common Responsibility ARTICLE VI - ARCHITECTURAL REVIEWCOMMITTEE 6.1 Basis of Approval; Committee 7 8 8 ii 6.2 Plans Submissions andADproval Procedure 6.3 No Liability; Deviations 6.4 Selection of Committee; No Liability 6.5 Homebuilders PAGE 8 8 9 9 ARTICLE VII - CONSTRUCTION OF IMPROVEMENTS AN-DUSE OF LOTS 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.11 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 Residential Use Garage Required Restrictions on Resubdivision Driveways Uses Specifically Prohibited Minimum Floor Area Building Materials Side Line And Front Line Setback Restrictions Waiver of Front Setback Requirements Fences and Walls Sidewalks Mailboxes Chimney Flues Windows Landscaping Lawn Maintenance Construction ComDletion Tennis Courts and Basketball Equipment Pool Equipment Retaining Walls Erosion Control Building Permits Reconstruction Completion Time Waiver Bythe Architectural Review Committee General Maintenance ARTICLE VIII OBLIBATIONTOIMPROVE PROPERTY, RIGHT OF FIRST REFUSAL, ANDWAIVER 8.1 Obligation to Improve Property 8.2 Right of First Refusal 8.3 Waiver of Obligation to Improve Property ARTICLE IX GENERAL PROVISIONS 9.1 Easements 9.2 Enforcement 9.3 Severability 9.4 Term 9.5 Amendments 9.6 Gender and-Grammar 9.7 Manner of Enforcement 9.8 Notices to Member /Owner 9.9 Headings 9 9 9 10 10 13 13 13 13 13 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 16 16 16 17 17 9.10 Formation of Association: Inspection of Documents, Books and Records. 9.11 Indemnity 19 9.12 FHA-VA ApDroval Requirement 19 9.13 Failure of Association to Perform Duties 19 17 17 18 18 18 18 18 18 18 19 DECLARATION OF COVENANTS, CONDITIONS ANDRESTRICTIONS FOR THE WOODLANDS OF COPPELL THE STATE OF TEXAS COUNTY OF DALLAS } } KNOWALL MEN BY THESE PRESENTS } THIS DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for THE WOODLANDS OF COPPELL, made on the date hereinafter set forth byW.O.C. Investments, Inc., a Texas corporation, for the purpose of evidencing the covenants, conditions and restrictions contained herein. WITNESSETH: WHEREAS, Declarant (defined herein) is the owner of certain real property in the City of Coppell, Dallas County, State of Texas and more particularly described on Exhibit "A" attached hereto and made a part hereof (the 'Property"). WHEREAS, Declarant desires to create an exclusive residential community to be knownas THE WOODLANDS OF COPPELL on the Property and such other property as may be added thereto pursuant to the terms and provisions of this Declaration; NOW THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancingand protecting the value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and be binding on all parties having or acquiring any right, title or interest in the above described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of Declarant and each Owner (defined herein) thereof. ARTICLE I DEFINITIONS 1.1ASSOCIATION. "Association" shall mean and refer to THE WOODLANDS OF COPPELL HOMEOWNERS' ASSOCIATION, INC., a Texas non-profit corporation established for the purposes set forth herein, its successors and assigns. 1.2~AREAS OF COMMON RESPONSIBILITY. "Areas of Common Responsibility" shall mean (i) the landscaped parkways along Coppell Road, the landscaped entry parkways and medians of Winding Hollow Drive, the 20 foot flood plain maintenance access easement on Lot land 2, Block A (ii) the floodplain maintenance areas where slopes are greater than4:l, (iii) the drainage easements located on Lots 1 through9 Block B (iv) the screening wall easement along the side of Lot 1 and rear of Lots 20, 21, 27, 28 and 29 Block A (v) the outside portion (between the lot property line and the screening fence) of the five (5) foot fence easement located on a portion of Lot 6 Block A and the rear of Lots 7 through 20 Block A and such other improvements, if any, including entrance monuments, the entry median structure, community signs, and any future improvements as may designated by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety or welfare of the Owners. 1.3 DECLARANT. The term "Declarant" shall mean and refer to W.O.C. INVESTMENTS, INC., a Texas corporation its successors and assigns. 1.4 CITY. "City" shall mean the City of Coppell, Dallas County, Texas. 1.5 HOME OR RESIDENCE. "Home" or "Residence" shall mean a single-family residential unit constructed on a Lot being a part of the Property, including the parking garage utilized in connection therewith and the Lot upon which the Home is located. 1.6 LIENHOLDER. "Lienholder" or "Mortgagee" shall mean the holder of a first mortgage lien, either on any Home and/orany Lot. 1.7 LOT. "Lot" shall mean and refer to a portion of the Property designated as a Lot on the Subdivision Plat of the Property, excluding common area lots, streets, and any Area of Common Responsibility. Where the context requires or indicates,~the term Lot shall include the Home and all other improvements which are or will be-constructed on the Lot. 1.8 MEMBER. "Member" shall mean and refer to every person or entity who holds membership in the Association. The Declarant and each Owner shall be a Member. 1.9 OWNER. "Owner" shall mean and refer to the record Owner, other than Declarant whether one (1) or more persons or entities, of a fee simple title to any Lot and shall include the homebuilder, but shall exclude those having such interest merely as security for the performance of an obligation. However, the term "Owner" shall include any Lienholder or Mortgagee who acquires fee simple title to any Lot which is a part of the Property, through deed in lieu of foreclosure or through judicial or non judicial foreclosure. 1.10 PROPERTYt PREMISES OR DEVELOPMENT. "Property","Premises"and/or "Development" shall mean and refer to that certain real property knownas THE WOODLANDS OF COPPELL, as described on Exhibit "A" hereto. 1.11 SUBDIVISION PLAT. "Subdivision Plat" shall mean or refer to the Final Plat which has been or will be filed with respect to the Property in the Map or Plat Records of Dallas County, Texas, as same may b~amended from time to time. 1.12 BOARD OF DIRECTORS: "Board of Directors" shall mean the board of directors elected bythe Association pursuant to its Articles of Incorporation and/or bylaws. ARTICLE II THE WOODLANDS OF COPPELL HOMEOWNERS ASSOCIATION, INC. 2.1 ESTABLISHMENT OF THE ASSOCIATION. The formal establishment of the Association will be accomplished bythe filing cf the Articles of Incorporation of The Woodlands of Coppell Homeowners Association, Inc. with the Secretary of State for the State of Texas and the subsequent issuance bythe Secretary of State of the Certificate of Incorporation of The Woodlands of Coppell Homeowners Association, Inc. 2.2ADOPTION OF BY-LAWS. By-laws for the Association will be established and adopted bythe Board of Directors of The Woodlands of Coppell Homeowners Association. ARTICLE III MEMBERSHIP ANDVOTING RIGHTS 3.1 MEMBERSHIP. Declarant, during the time it owns any single family Lots and each person or entity who is a record Owner of a fee or undivided fee interest in any single family Lot shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one (1) membership. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment bythe Association. Transfer of ownership, either voluntarily orby operation of law, shall terminate such Owner's membership in the Association, and membership shall be vested in the transferee; provided, however, that no such transfer shall relieve or release such Owner from any personal obligation with respect to assessments which have accrued priorto such transfer. ......... 3.2 VOTING RIGHTS. The Association shall have two (2) classes of voting membership: (a). Class "A" The Class "A" Members shall be all Owners. The Class "A" Members shall be entitled to one {1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one {1) vote be cast with respect to any Lot. (b). Class "B" The Class "B" Member(s) shall be Declarant. The Declarant shall be entitled to seven (7) Votes for each Lot it owns~ provided however, that Declarant shall cease to be a Class member and shall become a Class "A" member entitled to one (1) vote per Lot owned upon the happenin~ of either of the fo!lowinq: (i). when the total votes outstanding in the Class "A" membership equals the total votes outstanding in the Class "B" membership, or; (ii)' upon the expiration of ten (10) years from the recording date of this instrument in the Deed Records of Dallas County, Texas. 3.3 NO CUMULATIVE VOTING. At all meetings of the Association, there shall be no cumulative voting. Prior to all meetings, the Board of Directors shall determine the total number of votes outstanding and entitled to vote bythe Members. ARTICLE IV COVENANT FOR ASSESSMENTS 4.1CREATION OFT HE LIEN ANDPERSONALOBLIGATION OF A~E~MENTE. Each Owner of any Lot byacceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, covenants and 3 agrees to pay to the Association: (i) annual assessments or charges, and (ii) special assessments for capital improvements. Such assessments (collectively, the "Assessments") are to be fixed, established and collected as provided herein. Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be secured bya continuing lien which is hereby createdand impressed for the benefit of the Association upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest costs and reasonable attorney's fees shall also constitute a personal obligation of the person or entity who was the record Owner of such Lot at the time of the Assessment. The personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed bysuch successors, however the lien upon the Lot shall continue until paid. 4.2 PURPOSE OF ASSESSMENTS. The Assessments levied bythe Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Lots, the improvement and maintenance of the Areas of Common Responsibility, and the performance and/or exercise of the rights and obligations of the Association arising hereunder. Assessments shall include, but not be limited to, funds to cover actual Association costs for all taxes, insurance, repair, replacement, maintenance and other activities as may from time to time be authorized bythe Board of Directors; legal and accounting fees, and any fees for management services; expenses incurred in complying with any laws, ordinances or governmental requirements applicable to the Association or the Property; reasonable replacement reserves and the cost of other facilities and service activities, including, but not limited to, mowing grass, grounds care, sprinkler system, landscaping, and other charges required or contemplated by this Declaration and/or that which the Board of Directors of the Association shall determine to be necessary to meet the primary purpose of the Association, including the establishment and maintenance of a reserve for repair, maintenance, taxes and other charges as specified herein. 4.3 BASIS ANDMAXIMUMOFANNUALASSESSMENT'S. (a). Until January lst of the year next following the conveyance of the first single family lot to anOwner, the regular maximum annual Assessment shall be S__per Lot. (b).~From and after January lst of the year next following the conveyance of the first single family Lot roan Owner, the maximum regular annual assessment may be increased byanamount up to ten percent (10%) over the preceding year's regular annual assessment solely bythe Board of Directors. Any increase over and above 10% of the previous year's regular annual assessment shall be done only by the prior written approval of sixty-sixand two-thirds percent (66 2/3%) of the outstanding votes (determined pursuant to Section 3.2 hereof) held bythe Members at a meeting at which a quorumis present. ~ 4.4 SPECIAL ASSESSMENTS. In addition to the regular annual Assessment authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the costs incurred bythe Association pursuant to the provisions of this Declaration, provided that any such Special Assessment shall have the prior written approval of sixty-six and two-thirds percent (66 2/3%) of the outstanding votes (determined pursuant to Section 3.2 hereof) held bythe Members at a meeting at which a quorumis present. Any Special'Assessments shall be prorated based on the period of time the Owner owns the Lot during such year. 4.5NOTICEANDQUORUMFORANYACTION AUTHORIZED UNDER SECTIONS 4.3AND4.4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.3and 4.4 hereunder shall be given to all Members not less than .ten (10) days nor more than thirty (30) days in advance of such meeting. At such meeting, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes entitled to be cast by the Members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meet ing. 4.6 UNIFORM RATE OF ASSESSMENT. Both the regular annual Assessments and Special Assessments shall be fixed at a uniform rate for all single family Lots, and shall commence and be due in accordance with the provisions of Section 4.7 hereof. Each Owner shall pay one hundred percent (100%) of the established Assessment for each Lot he or it owns. Declarant shall pay twenty-five percent (25%) of the established Assessment for each Lot it owns. 4.7DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES. (a). The obligation to pay regular annual Assessments provided for herein shall commence on , 1995. The Assessments shall be due on such payment dates as may be established bythe Association. Assessments shall be due and payable on an annual basis unless otherwise designated bythe Association. (b). As long as Declarant is a Class "B" Member pursuant to Section 3.2 hereof, Declarant shall pay the deficiency resulting in the event the cost of maintenance exceeds the amount of the Assessments received from the Owners; provided, however, in such event, Declarant shall not otherwise be required to pay Assessments with respect to portions of the Property owned byDeclarant; and further, provided, however, in no event shall Declarant be required to pay an amount which is in excess of one hundred percent (100%) of the established Assessment for each Lot it owns. When the Declarant is converted to a Class "A" Member, the Declarant (i) shall no longer be responsible for contributing shortfalls outlined in the preceding sentence but rather, (ii) shall commence making regular annual and Special Assessments pursuant to Sections 4.3 and 4.4 hereof calculated on the number of remaining Lots Declarant then owns. (c). The annual Assessments for the first Assessment year shall be fixed bythe Association prior to the sale of the first Lot roan Owner. Except for the first Assessment year, the Association shall fix rhea mount of the annual Assessment at least thirty (30) days in advance of each Assessment year, which shall be the calendar year; provided, however, that the Association shall have the right to adjust the regular annual Assessment upon thirty (30) days written notice given to each Owner, as long as any such adjustment ~oes not exceed the maximum permitted pursuant to Section 4.3 hereof. Written notice of the regular annual Assessment shall be given as soon as is practicable to every Owner subject thereto. The Association shall, upon demand at any time, furnish a certificate in writing signed either by the President, Vice President or the Treasurer of the Association setting forth whether the annual and special Assessments on a specified Lot have been paid and the amount of any delinquency. A reasonable charge may be made by the Association for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. (d). No Owner may exempt himself from liability for Assessments by waiver of the use or enjoyment of any portion of the Development or by abandonment of his Home. 5 4.8 EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION (a). Ail payments of the Assessments shall be made to the Association at its principal place of business in Dallas County, Texas, or at such other place as the Association may otherwise direct or permit. Payment shall be made in full regardless of whether any Owner has any dispute with Declarant, the Association, any other Owner or any other person or entity regarding any matter to which this Declaration relates or pertains. Payment of the Assessments shall be both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Property. (b). Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the date of delinquency, until paid, at the rate of ten percent (10%) per annum or the maximum rate allowed bylaw, whichever is the lesser. The Association may, at its option, bring anaction at law against the Owner personally obligated to pay the same; or, upon compliance with the notice provisions hereof, foreclose the lien against the Lot as provided in Subsection 4.8(d) hereof. There shall be added to the amount of such Assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include said interest and a reasonable attorney's fee, together with costs of action. Each Ownervests in the Association or its assigns, the right and power to bring all actions at law or in equity foreclosing such lien against such Owner, and the expenses incurred in connection therewith, including interest, costs and reasonable attorney's fees shall be chargeable to the Owner in default. Under no circumstances, however, shall Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability to enforce or attempt to enforce any Assessments. ....... (c).~No action shall be brought to foreclose said Assessment lien · or to proceed under the power of sale herein provided in less than _ thirty (30) days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded bythe Association in the Office of the County Clerk of Dallas County, Texas, said notice of claim must recite a good and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Association's option, include interest on the unpaid Assessment at the maximum legal rate, plus reasonable attorney's fees and expenses of collection in connection with the debt secured bysaid lien), and the name and address of the Association. ~ (d). Any such sale provided for above is to be conducted in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the Property Code of the State of Texas, or in any other manner permitted bylaw. Each Owner, by accepting a deed to a Lot, expressly grants to the Association a power of sale as set forth in said Section 51.002 of the Property Code, in connection with the Assessment lien. TheAssociation, through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. (e). Upon the timely curing of any default for which anotice of claim of lien was filed bythe Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment bythe defaulting Owner of a fee, to bedeterminedbytheAssociationbut not to exceed the actual cost of preparing and filing or recording the lien and the release. (f). The Assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution of all other rights and remedies which the Association and its successors or assigns may have hereunder andbylaw, including the right of suit to recover a money judgment for unpaid Assessments, as above provided. 4.9 EXEMPT PROPERTY. The following property otherwise subject to the Declarations shall be exempted from the assessments, charge and lien created herein: (a) Ail properties dedicated and accepted bythe local public authority and devoted to public use. (b) All common property. (c) All Areas of Common Responsibility. 4.10 SUBORDINATION OF THE LIEN TO FIRST MORTGAGES. The lien securing the Assessments provided for herein shall be subordinate to the lien of any first lien mortgage. The sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any first lien mortgage, pursuant to a decree of foreclosure or a non-judicial foreclosure under such first lien mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessment thereafter becoming due, in accordance with the terms herein provided. 4.11MANAGEMENTAGREEMENTS. The Association shall be authorized to enter into management agreements with third parties in connection with the operation and management of the development and the performance of its ~bligations hereunder. A copy of all such agreements shall be available for review by each Owner. Any and all management agreements entered into bythe Association shall provide that said management agreement may be canceled with or without cause and without penalty byeither party with.thirty (30) days written notice. Any and all management agreements shall be for a term not to exceed one (1) year and shall be made with a professional and responsible party or parties with proven management skills and experience managing a project of this type. The Association may, at its discretion, assume self management of the develoPment bythe Association. 4.12 INSURANCE RE~UIREMENTS. ~ The Association through the Board of Directors, or its duly authorized agent, shall obtain insurance policies covering the Areas of Common Responsibility and covering all damage or injury caused by the negligence of the Association, any of its employees, officers, directors and/or agents, commercial general liability insurance, directors and officers liability insurance, and such other insurance as the Association may from time to time deem necessaryor appropriate. In the event the City requires a hike and bike trail be constructed along the rear of Lots 1 through 6 Block A, the Association will be responsible for obtaining liability insurance for said hike and bike trail easement. ARTICLE V PROPERTY RIGHTS It is proposed that the Areas of Common Responsibility will be improved only to the extent of landscaping and plantings, including such screening fences and walls as are prudent for security and safety to the Property. As such, the Association shall not, except as the Association may reasonably deem appropriate to comply with applicable laws or to protect the health, safety or welfare of the Properties or the Members, cause (i) any buildings or permanent structures to be constructed within the Areas of Common Responsibility; or (ii) allow any interference or conflict with the natural or planted vegetation or trees in the Areas of Common Responsibility. The foregoing shall not imply any obligation on the part of the Declarant or the Association to provide any particular enhancement to the Areas of Common Responsibility or render the Association in any way responsible for the actions of any Members or other parties on or in connection with the Areas of Common Responsibility, unless such actions are undertaken pursuant to the written instructions of the Association. ARTICLE VI ARCHITECTURAL REVIEW COMMITTEE 6.1 BASIS OF APPROVAL~ COMMITTEE. No lot grading, building, fence, wall, parking area, swimming pool, spa, pole, mail box, driveway, fountain, pond, sign, exterior illumination, change in exterior color or shape, new structure or modification of an existing structure shall be commenced, erected or maintained upon any Lot or the patio or garage used in connection with any Lot after the purchase of any Lot from Declarant, .nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature,.kind, shape, height, materials and location of the same are submitted to and approved in writing by the Architectural Review Committee (the "Committee") which shall be composed of three (3) representatives appointed byDeclarant (during such time Declarant owns any Lots) and thereafter by the Association. 6-.2 PLANS SUBMISSIONS ANDAPPROVAL PROCEDURE. Plans and specifications shall be submitted to the Committee at least seven (7) days prior to the commencement of any construction or modification. The following shall be submitted in duplicate for approval: a site plan showing the entire Lot with existing improvements, proposed lot drainage, floor plan and elevations of all faces of the proposed structure;and a description of all exterior construction materials. A copy of the above described plans and specifications shall be retained bythe Committee. The Committee shall review the plans and specifications and notify the Owner in writing of its approval or disapproval. If the Committee fails to approve or disapprove said plans and specifications within fourteen (14) days after the same has been submitted to it, they will be presumed to have been approved bythe Committee. Any disapproval shall set forth the elements disapproved and the reason or reasons thgreof. The judgment of the Committee in this respect in the exercise of its sole and absolute discretion shall be final and conclusive and the Owner shall promptly correct the plans and specifications (if disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Committee is obtained. The Committee may approve any deviation from these covenants and restrictions as the Committee, in its sole and absolute discretion, deems consistent with the purpose hereof. 6.3 NO LIABILITY~ DEVIATIONS. Nomember of the Committee shall bepersonably liable to any Owner for any claims, causes of action or damages arising out of the denial of any submittal or grant of any deviation to anOwner. Future request for deviations submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a deviation to any Owner shall not constitute a waiver of the Committee's rights to strictlyenforce the Declaration and the architectural standards provided herein against any o~ther Owner. Approval by the Committee of the plans and specifications or its determination that the completed construction or modification has been constructed in accordance with the plans and specification shall be deemed to be an acknowledgment by the Committee that such are in accordance with these Covenants and Restrictions and such acknowledgment shall be binding against the Owners of the Lots and the Property. 6.4 SELECTION OF COMMITTEE~ NO LIABILITY. Until Declarant no longer owns a Lot, as vacancies in the Committee occur by resignation or otherwise, successor members shall be appointed by Declarant. Thereafter, the members of the Committee shall be selected and appointed by the Board of Directors of the Association. In the event that such Directors fail to designate members of the Committee within thirty (30) days after any vacancy appears thereon, then the remaining members of the Committee shall be entitled to appoint a successor to fill any vacancies. Members of the Committee may at any time and without cause, be removed by Declarant, or in accordance with the parameters above, by the Board of Directors of the Association. Neither the Declarant, the Association, the Board of Directors, the Committee nor any employees, officers, directors or members thereof shall be liable for damages or otherwise to anyone submitting plans and specifications for approval or toany Owner affected by this Declaration by reason of mistake of judgment negligence or nonfeasance arising out or in connection with the approval or disapproval or failure to approve or disapprove any plans or specifications. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the Owner of the Lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this Declaration, City codes, state statutes or the common law, whether the same relate to Lot lines, building lines, easements or any other issue. 6.5 HOMEBUILDERS. Notwithstanding anything to the contrary contained herein, once a particular set of plans and specifications submitted by a homebuilder (which for purposes hereof shall be defined as any entity or person in the business of constructing single family residences for the purpose of sale to third parties) has been approved by the Committee or deemed approved, such homebuilder may construct homes on the Properties in accordance with such plans and specifications without the necessity of obtaining subsequent approvals therefor, so long as there are no major material changes in the plans and specifications. ARTICLE VII CONSTRUCTIONOF IMPROVEMENTS ANDUSE OFLOTS 7.1 RESIDENTIAL USE. The Property shall be used fo~single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family residence per Lot, which residence may not exceed two and one-half (2 1/2) stories in height and a private garage as provided below. 7.2 GARAGE REQUIRED. Each residence shall have an enclosed garage suitable for parking a minimum of two (2) standard size automobiles, which garage shall conform in design and materials with the main structure. Each garage shall open only to the side or rear of the Lot so as not to face a residential street. The Committee may approve garages which face the street if the face of said garage is located a minimum of fifty (50) feet from the front building line and are screened bya wall, servants quarters or other extension of the main structure. Each vehicle bay shall have a separate garage door. 7.3 RESTRICTIONS ON RESUBDIVISION. No LOt or combination of Lots shall be subdivided into smaller Lots so as to create more Lots than is described on Exhibit "A" hereto. 7.4 DRIVEWAYS. Ail driveways shall be surfaced with concrete or similar substance approved by the Committee. Hot -mix asphaltic concrete is prohibited. 7.5 USES SPECIFICALLY PROHIBITED. (a) . Except as expressly approved by the Committee,no temporary structure of any kind shall be erected or placed on any of said property without the approval of the Committee. In no instance shall more than one residence be erected or placed on any one Lot. A builder or contractor approved by the Committee as an authorized builder and/or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a specifically permitted Lot during construction of the residence on that Lot. No building material of any kind or character shall be placed or stored upon the Property until construction is ready to commence, and then such material shall be placed totally within the property lines of the Lot upon which the improvements are to be erected. (b). No boat, marine craft, hovercraft, aircraft, recreational vehicle, camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street on the Property, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless properly concealed from public view. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parkedwhile in use for the construction, maintenance or repair of a residence in the Development. (c). Trucks with tonnage in excess of one and one/half (1 1/2) tons and any commercial vehicle with painted advertisement shall not be permitted to park overnight on the public streets within the Property except those usedbya builder during the construction of improvements. (d). No vehicle of any size which transports flammable, explosive or noxious cargo may be kept on the Property at any time. (e). No motorized vehicle or similar equipment shall be parked or stored in an area visible from any street except passenger automobiles, passenger vans, motorcycles and pick-up trucks (including those with attached bed campers) that are in operating condition and have current valid license plates and inspection stickers. (f). No structure of a temporary character, such as a trailer, tent, shack, barn, or other out-building shall be used on the Property at any time as a dwelling house; provided, however, that a builder may maintain and occupy (for the purpose implied), model homes, sales offices and construction trailers during the construction period, but not as a residence. Sales officesand model homes must be approved bythe Committee in accordance with the requirements of Article VI. (g). No oil drilling, oil development operation, oil refining, pooling arrangements, quarrying or mining operations of any kind shall be permitted in or on the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts bepermitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the Property. 10 (h). No animals, livestock or Poultry or birds of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept in reasonable numbers, provided that they are not kept, bred, or maintained for any commercial purpose. It is the purpose of these provisions to restrict the use of the Property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, 9oats, guinea fowls, chickens, turkeys, skunks or any other animals that may interfere with the quiet peace, health and safety of the community. No more than four (4) household pets will be permitted on each Lot. Pets must be restrained or confined within the house or in a secure fence area not visible from the ground floor elevation of any other Lots. It is the pet owner' s responsibility to keep the Lot clean and free of pet debris or noxious odors to adjoining Lots. All animals must be properly registered and tagged for identification in accordance with local ordinances. (i) . No Lot or other area of the Property shall be used as a dumping ground for rubbish or accumulation of unsightly materials of any kind, including without limitation, broken or rusty ecluipment, disassembled or inoperative cars and discarded appliances and furniture. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers for the storage or other disposal of suchmaterial shall be kept in a clean and sanitary condition inside the garage of each residence except on days of pickup. Materials incident to construction of improvements may be only be stored on Lots during construction of the improvement thereon. (j) . No individual water supply system shall be permitted on any Lot. (k). No garage, garage house or other out-building (except for sales offices and construction trailers during the construction period) shall be occupied byany Owner, tenant or other person prior to the erection of a residence. (1). No air-conditioning apparatus shall be installed on the ground in ............... front of a residence. No 9as or electric meter shall be set nearer the street · ...... than the front or side of a dwelling houseunless the meter is of an underground type. (m). Except with the written permission of the Committee, no antennas, satellite dishes or other equipment for receiving or sending sound or video signals shall be permitted in or on the Property except antennas for AM or FM radio reception and UHFandVHF television reception. Such antennas shall be located inside the attic of the main residential structure except that, with the written permission of the Committee, one (1) satellite dish or similar antennamay be placed in the rear yard of a Lot so long as it is completely screened from view from any adjacent street or other public area. The Qommittee shall be the sole determinant as to the acceptable placement of such satellite dish. (n). No Lot or improvement thereon shall be used for a business, professional, commercial or manufacturing purposes of any kind. No business activity shall be conducted on the Property that is not consistent and compatible with single family residential purposes. No noxious or offensive activity shall be undertaken on the Property, nor shall anything be done which is or may become an annoyance or nuisance to the Properties. Nothing in this subparagraph shall prohibit a builder's temporary use of a residence as a sales/constructi°noffice for so long as such builder is actively engaged in construction on the Property. Nothing in this subparagraph shall prohibit an Owner's use of a residence for quiet, inoffensive, non-intrusive activities (such as tutoring, art and music lessons and/or professional counseling) so long 11 as no signage advertising such serviQe is displayed on the Property and such activities do not materially increase the number of cars parked on the street or interfere with adjoining Owners' peaceful use and enjoyment of their residences and yards. (o). NO fence, wall, hedge or shrub planting which obstructs sight lines at an elevation between three (3) and eight (8) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty (20) feet from the intersection of such street right-of-way lines, or in the case of a rounded property corner, twenty (20) feet from the intersection of the street right-of-way lines as extended. Similar sight-line limitations shall apply on any Lot for that area that is ten (10) feet from the intersection of a street right-of-way line with the edge of a residence driveway. No tree shall be permitted to remain within such restricted plantings area unless the foliage line is maintained at a minimum height of eight (8) feet above the adjacent ground line. Repair or replacement of any fence shall be of the same or as close to the same as possible to the original construction material. (p). Except for children's playhouses (which shall have a max. peak roof line of twelve feet), dog houses, and gazebos, no previously constructed building be moved onto any Lot, it being ~en t that only new construction be placed and erected on the Property. (q). Within the easements on each Lot, as designated on the Subdivision Plat of the Development, no improvement, structure, planting or materials shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or whichmight alter the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. (r). The general grading, slope and drainage plan of a Lot as established bythe approved Development plans may not be materially altered without the written approval of the Committee and/or the City (where such authority rests with the City). (s). No sign of any kind or character shall be displayed to the pubic view on any Lot except for one (1) professionally fabricated sign of not more than six (6) square feet advertising the property for rent or sale, or signs usedbyan approvedbuilder to advertise the property during its construction and sales period. Declarant or its agents shall have the right to remove any sign, billboard or other advertising device that does not comply with the above, and in so doing shall not be subject to any liability for trespass, or any other tort arising in connection therewith from such removal, nor inany way be liable for any accounting or other claim byreason of the disposition thereof. Development related signs owned and erected by the Declarant shall be permitted. (t). Outdoor clothes lines and drying racks are prohibited. (u). Except within fireplaces in the main residential dwelling and proper equipment for outdoor cooking, no burning of anything or open fires shall bepermittedanywhere on the Property. (v). No lot shall be used for, or contain a site for the use of, landing and/or departure of helicopters and similar craft. (w) NO noxious offensive activity shall becarried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No owner shall do any work that will impair the structural soundness or integrity of another residence or impairany easement or hereditament, nor do any act nor 12 allow any condition to exist which w~ll adversely affect the other residences or their owners. No exterior lighting of any sort shall be installed or maintained on a lot where the light source is offensive or a nuisance to neighboringproperty (except reasonable security or landscape lighting that has approval of the Committee and does not shine directly upon the property of other owners). No exterior speakers, horns, whistles, bells or other sound devices (except security devises such as entry door and patio intercoms used exclusively to protect the lot and improvements situated thereon) shall be placed or used upon any lot. (x) The digging of dirt or the removal of any dirt from any lot is expressly prohibited except as necessary in conjunction with the landscaping of or construction on such lot. No trees shall be cut or removed except to provide for the construction of improvements or to remove dead or unsightly trees. 7.7 MINIMUM FLOOR AREA. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls (but exclusive of open porches, garages, patios and detached accessory buildings), shall be not less than Three Thousand (3,000) square feet, with the minimum air-conditioned living area on the ground floor, not less than Two Thousand (2,000) square feet. 7.8 BUILDING MATERIALS. The total exterior wall area of each residence constructed on a Lot shall not be less than eighty percent (80%) brick, brick veneer, stone, stone veneer, or other masonry material approved by the Committee (but not less than the minimum percentage as established by the City byordinance or building code requirement). Windows, doors and other openings, gables or other areas above the height of the top of standard height first-floor windows are excluded from calculation of total exterior wall area. The roofs of principal and secondary structures which are exposed to public view shall be wood shingle, shake, slate, clay, neutral tone tile, or architectural series quality composition shingle (240 pounds per square or more) and of either a weatheredwood color or barkwood color, unless some other material is approved by the Committee. All residences shall have a minimum7xl2 and maximum · 12x12 roof pitch on the major portions of the building unless otherwise approved by the Committee. 7.9 SIDE LINE ANDFRONT LINE SETBACK REQUIREMENTS. No dwelling shall be located on any Lot nearer to the front lot line than the minimum setback lines shown on the Subdivision Plat. No dwelling shall be located nearer the side lot lines than 8 feet. Unless approved bythe Committee, the dwelling shall be located no further behind the front building line than five (5) feet and will be centered within 15 feet of the center of the lot. 7.11 WAIVER OF FRONT SETBACK REQUIREMENTS. With the written approval of the Committee, a residence structure may be located farther back from the front property line of a Lot than provided in Paragraph 7.10 above, where, in the opinion of the Committee, the proposed location of the structure will not negatively impact the appearance or value of the Property or adjacent Lots. 7.12 FENCES ANDWALLS. No fence or wall on any Lot shall extend nearer to any street than the front of the residence thereon. The Developer shall construct an eight (8) foot privacy fence along the rear of Lots 6 through 20 Block A. The fence on Lot 6 will be constructed to the floodplain limit. No gates will be constructed on that portion of fence to be constructed bythe Developer on Lots 6 through 20 Block A. Lots shall have eight foot privacy fences extending from the main structure to the rear of the lot, except that the Owners of Lots 1, 20, 21, 27, 28, and 29 of BlockAwill not be permitted to construct any screening fence on their lots adjacent to Coppell Road. Rear yard privacy fences shall be constructed along the rear of all Lots in Block B and along the rear of Lots 21 through 27 BlockA. Sideyard fences shall be constructed of the following material: a) the masonry product approved for the primary residence, or b) 13 constructed using masonry columns, minimum. 18 inches square, a maximum of eight (8) feet high, constructed at the lot corners, and cedar or spruce board on board fence with a cap. All privacy fence shall be eight (8) feet in height as measured from the prevailing ground line adjacent thereto. Any fence or port ion thereof that faces a public street shall be constructed so that all structural members and support posts will be on the side of the fence away from the street and are not visible from such street right-of-way. The rear of Lots 1 through 6 Block A, shall be fenced using a subdivision standard four (4) foot black ornamental metal fence or as approved by the Committee. The ornamental metal fence along the rear of Lots 1 through 6 Block A may have gates. With the exception of the screening fence along Coppell Road, the individual lot owners will be responsible for maintaining and/or replacing privacy fence. 7.13 SIDEWALKs. All walkways along public rights-of-ways shall conform to the minimum property standards of the City. 7.14 MAILBOXES. Mailboxes shall be of a design and specification as meets the standards of the U.S. Postal Service, and shall be constructed of masonry of the same type as the main dwelling structure and as approved by the Committee. 7.15 CHIMNEY FLUES. Chimney stacks on front and side exterior walls that are visible from the street shall be enclosed One Hundred Percent (100%) in brick or masonry of the same type as the main dwelling structure. 7.16 WINDOWS. Window jambs and mullions on all residences shall be of anodized aluminum or wood materials. All windows on any front elevation of a residence shall have baked-on painted aluminum divided light windows (no mill finish) . 7.17 LANDSCAPING. Landscaping of each Lot shall be completed within sixty (60) days after the dwelling construction is completed, subject to extension for delays caused by inclement weather or for seasonal planting limitations. Minimum landscaping requirements for each Lot shall include grassed (and/or similarly approved ground covering) for the -- front and side yards. 7.18 LAWN MAINTENANCE. No Lot shall be used or maintained as a dumlDing ground for rubbish, trash or garbage. All garbage shall be kept in sanitary containers. Unless otherwise expressly permitted by the Committee, Garbage containers shall be situated and enclosed so as not to be visible from any residential street or residential lot. If, at any time, an Owner of any Lot shall bail to control weeds, grass an/or other unsightly growth, Declarant or the Association shall have the authority and right to go onto said Lot for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from the Owner of said Lot a sum not to exceed Seven Hundred Dollars ($700.00) for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. The Assessments, together with interest (at the. highest permitted by lawful rate per annum) and any costs of collection thereof , shall be a charge on the Lot and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, shall also be the continuing personal obligation of the Owner of such Lot at the time when the assessment occurred. The lien securing any such assessment shall be subordinate and inferior to the lien of any mortgage and any renewals or extensions thereof existing prior to the asses sment date. 7.19 CONSTRUCTION COMPLETION. With reasonable diligence and in all events within seven (7) months from the commencement of construction, unless completion is prevented by war, labor strike or an act of God, any residential dwelling commenced on any lot shall be completed as to its exterior, and all temporary structures shall be removed. Out-buildings shall be completed within two (2) months. 14 7.20 BASKETBALL EOUIPMEN~... Basketball goals, backboards and nets shall not be permitted upon any lot without prior written approval by the Committee. No basketball goals, backboards and nets shall in any case be located closer to the street than the front building line. 7.21 POOL EQUIPMENT. Above ground pools are expressly prohibited. All pool service equipment shall be fenced and located in either (a) a side yard between the front and rear boundaries of the dwelling, or (b) in the rear yard adjacent to the dwelling; and shall not be visible from any residential street. 7.22 RETAINING WALLS. It shall be the responsibility of the owner of any lot requiring retaining walls to construct said wall at the time the primary residence is constructed. Any builder making a cut or fill which such grade exceeds 3:1 must submit to the Committee a wall design for approval. 7.23 EROSION CONTROL. During construction of improvements and prior to landscaping, reasonable measures will be taken to prevent excessive erosion of lots, causing silt to be deposited in the streets andinthe storm drainage system. Protection can be byretaining walls, berm, hay bales or other means suitable for each individual Lot. The Lot owner will be responsible for removing excessive silt accumulations from the street. 7.24 BUILDING PERMITS. The Building Inspector of the City of Coppell, Texas, or other municipal authority, is hereby authorized and empowered to revoke, as the case may be, any and all permits for construction of improvements of any kind or character to be erected or placed on any of the Property, if such improvements do not conform to and comply with the restrictions set out herein. 7.25 RECONSTRUCTION COMPLETION TIME. In the event that residence is partially or totally damaged by fire or other causes, construction or reconstruction of the damaged residence, or portion thereof, must commence within one-hundred twenty (120) days after the occurrence causing the damage. No construction or reconstruction shall commence until plans and specifications have been submitted to the Committee and subsequently approved. 7.26 WAIVER BY THE ARCHITECTURAL REVIEWCOMMITTEE. The Committee may, at its discretion, approve construction of a structure lacking not more than 10% of the minimum square footage required by Paragraph 7.7 above, and may waive such other variations from these restrictions as said Committee deems, in its sole discretion, not to be inconsistent with the general tenor and purpose of these restrictions. 7 . 27 GENERAL MAINTENANCE . (a). Following occupancy of the residence on anY Lot, each Owner shall maintain and care for the Home, all improvements and all trees (including those in the front street parkway), foliage, plants, and lawn areas on the Lot and otherwise keep the Lot and all improvements thereon in good condition and repair and in conformity with the general character and quality of properties in the immediate area. Such maintenance and repair to include but not be limited to: (i) the replacement of wornand/or rotted components; (ii) the regular painting of all exterior surfaces; (iii) the maintenance, repair and replacement of roofs, rain gutters, downspouts, exteriorwalls, fences, windows, doors, walks, drives, parking areas and other exterior portions of the Home to maintain anattractive appearance; (iv) regular mowing and edging of lawn and grass areas; and (v) ensuring the integrity of drainage easements. Upon failure of any Owner to maintain a Lot owned byhim in themanner prescribed herein, the Declarant or the Association, or either of them, at its option and discretion, but without any obligation 15 to do so, but only if such non-compliance continues five (5) days after written notice to such Owner, may enter upon such Owner's Lot and undertake to maintain and care for such Lot to the condition required hereunder and the Owner thereof shall be obligated, when presented with an itemized statement, to reimburse said Declarant and/or Association for the cost of such work within ten (10) days after presentment of such statement. (b). The Association shall bear the responsibility for the operation, maintenance, repair and, if required, the replacement of the rock entry features, signs, lighting, landscaping located in the landscape easements on Lots 1, 20, 21, 27, 28 and 29 BlockA, and pruning as necessary at the entrance to maintain City requiredvisibility triangle. The landscape and maintenance easements are reserved in favor of Declarant and the Association for the performance thereof. The Association will be responsible for maintenance of that portion of the five foot fence easement along the rear of Lots 6 through 20 Block A, which is between the fence and the outside property line. (c). The Association shall operate, maintain and, when necessary, repair and/or replace the landscaping improvements and irrigation systems located in the Areas of Common Responsibility including along the frontage of Coppell Road, each Development entry planting area and signage. Additionally the Association will be responsible for ensuring the free flow and integrity of the floodway maintenance area (where natural slopes exceed 4:1) andwhere such operationand maintenance is not contrary to the requirements and limitations of the City. ARTICLE VIII OBLIGATION TO IMPROVE PROPERTY, RIGHT OF FIRST REFUSAL, ANDWAIVER 8.10BLIGATIONTOIMPROVE PROPERTY. If any Owner of a Lot does not, within eighteen (18) months after receipt of title to such Lot begin (and thereafter continue to completion) substantial and meaningful construction of a building upon said Lot (which building shall comply with all provisions of this Declaration), the Declarant conveying suchLot or its assignee ("ODtionee"), shall have an option to repurchase said lot for a purchase price equal to the purchase price paid by such Owner ("ODtionor") for said Lot. This option to repurchase must be exercised in writing within six (6) months after the expiration of the above-referenced eighteen (18) month period. Closing of the repurchase shall take place within ninety (90) days after the exercise of the option to repurchase and shall be held at the office of Optionee or at the office of the title company selected byOptionee. At the closing, Optionee may deem n~cessaryto properly convey title to said Lot to Optionee, its successors and assigns. For the purposes hereof, .substantial andmeaningful construction" shall mean the commencement of construction of a component part of the building, such as the laying of a foundation of the building. Such activities as erecting stakes, unloading dirt, and erecting batter boards shall be insufficient activities for these purposes. 8.2 RIGHT OF FIRST REFUSAL. For so long as any Owner has not commenced substantial and meaningful construction upon a lot covered bythis Declaration, Declarant shall have the rightto repurchase any of such lots upon the terms and conditions set forth in this Paragraph 8.2. In the event such Owner shall receive a bona fide offer for the purchase of any Lot upon which has not already be9%unsuch construction of a single family residence, Owner shall either refuse such offer or give Declarant written notice setting out in full the details of such offer, which notice, among other things, shall include a true and correct copy of the offer made to Owner. Upon delivery of the notice with respect 16 to such offer, Declarant shall have the exclusive right and option, exercisable at any time during a period of fifteen (15) days after the date of delivery of such notice, to purchase such lot (or Lots) at the lesser of (i) the bona fide purchase price per lot as set forth in the applicable sales contact or (ii) the price specified in such bona fide offer. Within fifteen (15) days after the date of the delivery of such notice from Owner, Declarant shall give Owner a written statement indicating whether or not Declarant intends to exercise the option herein granted. Failure to notify Owner within such fifteen (15) day period shall be presumed an election not to exercise the option. If Declarant elects to exercise the option, the sale and purchase shall be closed upon the same date as contained in such bona fide offer: provided, however, in no event shall such closing occur prior to forty-five (45) days after the date of the delivery of such notice from Owner to Declarant, unless Declarant andOwner agree in writing on another date. If Declarant does not elect to exercise such option, Owner shall be free to sell any such Lot (or Lots) upon the terms and conditions set forth in such bona fide offer. Any sale after the failure of Declarant to exercise its option as herein provided must be made strictly upon the terms and conditions and to the person or entity described in suchbona offer, and any sale to a different person or entity or upon changed terms and conditions shall be subject to the same option and the same notice requirements set forth herein. 8.3 WAIVER OF OBLIGATION TO IMPROVE PROPERTY. The provisions of paragraph 8.1 above may be waived or modified byDeclarant as to any Lot purchased by an Owner from such Declarant. In addition, Declarant shall have the right in its discretion from time to time to grant extensions of the said eighteen, (18) month period by written notice of such extension given to any Owner affected thereby. ARTICLE IX GENERAL PROVISIONS 9.1 EASEMENTS. (a) Utility easements. Easements for the installation, operation and maintenance of all public utilities desiring to use same and for drainage facilities are reserved for the purposes indicated as shown on the Subdivision Plat. Full rights of ingressand egress shall be had byDeclarant, and any bona fide public utility company at all times over the easement areas for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. The Lot Owner is responsible for the maintenance of all drainage and use easements platted as part of the respective lots. (b) Ingress, Eqress and Maintenance, by the Association. Full rights of ingress and egress shall be had bythe Association at all times over and upon the Areas of Common Responsibility for the purpose of maintaining the Areas of Common Responsibility as set forth herein. (c) Police Power Easement. With respect to streets, easementsand rights-of-way within the Property, the City of Heath and all other government agencies and authorities shall have full rights of ingress, egress and access for personnel andemergency vehicles for maintenance, police and fire protection, drainage and other lawful police powers desiqned to promote the health, safety and general welfare of the residents within the Property. 17 9.2 ENFORCEMENT. The Declarant or the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, these restrictions, conditions and covenants and any reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the By-Laws and Articles of Incorporation of the Association. Failure by the Association or by any Owner to enforce any covenant or restriction herein imposed shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorneys fees from the non prevailing party. 9.3 SEVERABILITY. Invalidation of any one (1) of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. 9.4 TERM. The covenants and restrictionsof this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by Declarant (during the time it owns any Lots), the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors andassigns, for atermof twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote, the then Owners of 67% of the Lots agree in writing to terminate or change this Declaration in whole or in part and such writing is recorded in the Real Property Records of Dallas County, Texas. 9.5 AMENDMENTS. Notwithstanding Section 9.4 of this Article, these Covenants and Restrictions may be amended and/or changed in part as follows: (a) during the ten (10) year period immediately following the date of recordation of the Covenants and Restrictions with the consent of at least fifty-one percent (51)%) of the outstanding votes of each membership class of the Association; (b) in all other situations, these Covenants and Restriction may be amended or changed upon the express written consent of at least seventy-five (75%) of the outstanding votes of each membership class of the Association. Any and all amendments, if any, shall be recorded in the office of the County Clerk of Rockwall County, Texas. 9.6 GENDER ANDGRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and such grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed iQ each case. 9.7 MANNER OF ENFORCEMENT. Enforcement of these covenants and restrictions shall bebyany proceeding at law or in equity, including, without limitation, an action for injunctive relief, it being acknowledged and agreed that a violation of the covenants, conditions and restrictions contained herein could cause irreparable injury to Declarant and/or the other Owners and that Declarant'sand/or any Owner's remedies at law for any breach of the Owners' obligations contained herein would be inadequate. Enforcement may be commenced bythe Association, the Declarant, or any Owner against any person or persons violating or attempting to violate them, and failure bythe Association, the Declarant or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.8 NOTICES TOMEMBER / OWNER. 18 Any notice required to be given to any Member-or Owner under the provisions of this Declaration shall be deemed to have been properly delivered forty-eight (48) hours after deposited in the United States Mail, postage prepaid, certified or registered mail, and addressed to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. 9.9 HEADINGS. The hea~ings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. 9.10 FORMATION OF ASSOCIATION: INSPECTION OF DOCUMENTS~ BOOKS ANDRECORDS . The Association shall be formed byDeclarant as a non-profit corporation in accordance with the laws of the State of Texas. Management and governance of the Association shall be implemented and/or undertaken in accordance with its Articles of Incorporation, in accordance with this Declaration, and in accordance with the By-laws which shall be adopted bythe Association following its formation. The Association shall make available at reasonable cost copies of the Declaration, By-laws, Articles of Incorporation, rules and regulations governing the Association. All minute books, meeting and other records and financial statements of the Association shall be held available for inspection byanyOwner or any Mortgagee during normal business hours or at such other reasonable times as the Board of Directors may approve. 9.11 INDEMNITY. The Association shall indemnify, defend and hold harmless Declarant, the Board of Directors, the Committee and each director, officer, employee and agent of Declarant, the Board of Directors and the Committee from all judgments, penalties (including exciseand similar taxes), fines, settlements and reasonable expenses (including attorneys' fees) incurred bysuch indemnified Person under or in connection with this Declaration or the Property to the fullest extent permitted byaDplicable law. Such indemnity to include matters arising as a result of the sole or concurrent negligence of the indemnified party, to the extent permitted byapplicable law. 9.12 FHA/ VA APPROVAL REQUIREMENT. As long as there remains any Class B membership and any first lien mortgage is in effect with respect to any Lot which is insured bythe Federal Housing Administration ("FHA") or the Veterans Administration ("VA"), the following actions shall require prior approval of FHA or VA (to the extent such approval is required under the then applicable FHA o~ VA regulations), to wit: (i) amendment of the Articles of Incorporation, Declaration or Bylaws; (ii) annexation of additional property; and (iii) dissolution of the Association. 9.13 FAILURE OF ASSOCIATION TO PERFORM DUTIES. Should the Association fail to carryout its duties as specified in this Declaration, the City or its lawful agents shall have the right and ability, after due notice to the Association, to remove any landscape systems, features or elements that are the responsibility of and cease to be maintained bythe Association; to perform the responsibilities of the Association if the Association fails, to do so in compliance with any of the provisions of this Declaration or of any applicable City codes or regulations; to assess the Association for all costs incurred bythe City in performing said responsibilities if the Association fails to do so; and/or to avail itself of any 19 other enforcement actions available to the City pursuant to state law or City codes andregulations. Should the City exercise its rights as sDecifiedabove, the Association shall indemnify and hold harmless the City from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscape systems, features or elements that cease to be maintained bythe Association or from the City's performance of the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association's failure to perform said duties. The obligations described in this paragraDh are solely obligations of the Association, and no other Darty, including without limitation, the Declarant or any Owner, shall have any liabilities or obligations in connection therewith. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereto set its hand this the. day of , 1995. W.O.C. INVESTMENTS, INC. a Texas corporation J.R. Thompson, President THE STATE OF TEXAS COUNTY OF ROCKWALL This instrument was acknowledged before me on the__day of , 1995, by J.R. Thompson, President of W.O.C. INVESTMENTS, INC., a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has executed the same for the Durposes and consideration therein expressed and in the capacity therein stated. Notary Public In And For The State Of Texas (Printed Name of Notary) My Commission Expires: 20 EXHIBIT "A" BEING 38 Lots out of THE WOODLANDS OF COPPELL, an addition to the City Coppell, Dallas County, Texas according to the recorded plat thereof filed of record in Volume , Page__at the Map Records of Dallas County, Texas, same more particularly described as follows: Lots 1 through 29, BlockA, and Lots 1 through 9, Block B. 21